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Wow. The guy was taking a risk when he held his hand up with keys in them, asking if either of them was a supervisor. Other cops would have shot him 14 times at that point.
Wasn't there a Supreme Court case years back regarding a Nevada man who refused to give police ID when requested? The court said you have to have some kind of/provide ID when requested.
Wasn't there a Supreme Court case years back regarding a Nevada man who refused to give police ID when requested? The court said you have to have some kind of/provide ID when requested.
For a seventeen-year-old, though? I mean, a seventeen-year-old can fly domestically without a photo ID. Yes, it's true. Why was it okay for the officer to tell him he had to present ID for exercising in public when it's so clearly not the case?
You can be detained until your identification has been confirmed.
How far you want to take that is entirely up to the individuals involved.
Exactly. And that's if you're just on foot. If you're operating a motor vehicle you do have to have identification in the form of a valid driver's license.
It's easy to say that, Old Gringo, but think about the underlying assumptions in your statement. My spouse has a work friend who is black. They are both tech consultants who make upper-middle class incomes, live in affluent neighborhoods, and drive very nice cars. In fact, I should be clear that my spouse's friend actually out-earns my husband by quite a bit. We both have teenage sons who drive, and until recently I'd never really considered that we have very different worries when our sons leave the house in one of our cars. My husband and I have never been concerned that were our son to be stopped coming home from work that a police officer would think he had stolen a car and detain him as if that were the case. The assumption would be that he was driving a parent's car, which would be correct. Our friend, on the other hand, has been stopped because an officer did not think that he belonged in the upper class neighborhood where he lives. When his son drives his luxury car, our friend worries from the moment he leaves until the moment he returns that something his kid does will rouse the suspicion of local law enforcement, simply by because he's black. That's a really stressful way to live, don't you think?
No doubt!
You'll get no argument from me on that point. "Driving while black" is a well known magnet for bad cops.
That said, anyone stopped by police, whether in a luxury car or jogging shorts is best advised to follow instructions and keep their attitude in check.
I'm an old white guy and I've been pulled over by cops just looking for something to write me up over. Happens when I'm driving out of state and it's always small town "local yokels" who figure I'm on my way to a far-off destination and wouldn't bother to question their citations in traffic court. They know I'll just write a check for whatever BS violation they conjure up and then I'll be gone. This kind of activity is a well known source of revenue for small towns. I keep my lip buttoned, even though I know their scam. As often as not, I don't even get a ticket. But if I got lippy, I'm sure they'd be willing to come up with all kinds of violations and their Uncle Bob is probably the local judge/justice of the peace.
Getting confrontational with cops is a losing proposition.
It's not fair and it shouldn't be that way, but that's the reality.
Some cops are just idiots. I am white and about 5 years ago when I was 65, I was out for a walk about 10 30 pm. There were a bunch of people walking because it was too hot to walk in the daytime. A cop pulled over beside me and told me to stop. I offered my ID. He said he was waiting for backup because of my weapon, my cane. So I was detained for about 15 minutes because a cop decided to hassle an old man with a cane. My brother is a cop in the same dept., a sergeant. Still makes me mad.
Some cops are just idiots. I am white and about 5 years ago when I was 65, I was out for a walk about 10 30 pm. There were a bunch of people walking because it was too hot to walk in the daytime. A cop pulled over beside me and told me to stop. I offered my ID. He said he was waiting for backup because of my weapon, my cane. So I was detained for about 15 minutes because a cop decided to hassle an old man with a cane. My brother is a cop in the same dept., a sergeant. Still makes me mad.
Our world has gone batspit insane. You've got to be kidding me here.
I’ve never heard of it, but this cop in the linked video invokes such a law when stopping this teen who is jogging.
He says that the kid fits the description of a robber, but then calls in to get a description from dispatch AFTER detaining the kid.
Back to the ID issue...this happened in Texas. My home state has no such law. Is there an ID law in your state?
In Ohio, you are required by law to have your driver's license on your person, when operating a motor vehicle.
If you are not operating a motor vehicle, you are not required to carry ID, but you are required to provide your name, date of birth and address if police reasonably believe you have committed an offense, are committing an offense, are about to commit an offense, have conspired or are conspiring to commit an offense or if you are a witness to an offense.
"Reasonable belief" is subject to interpretation and gives police wide latitude, but under Ohio State laws, the police in this instance would have acted unreasonably, giving rise to civil litigation against the police department.
A police officer's only possible defense might be that he was made aware a crime had taken place, but did not yet have a physical description of the suspect. In that instance, it would be reasonable for police to stop the first person they saw near the crime scene for purposes of identification, because it is reasonable to believe that person may be the suspect, or may have unknowingly witnessed the crime.
Unless you are driving, voting or being arrested you are under no obligation to identify yourself, except maybe within some undefined distance of the Mexico-USA border. Maybe.
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